I 

112TH CONGRESS 

1ST SESSION H. R. 1523 

To amend the DNA Analysis Backlog Elimination Act of 2000 to provide 

for Debbie Smith grants for auditing sexual assault evidence backlogs 

and to establish a Sexual Assault Forensic Evidence Registry, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 13, 2011 

Mrs. MALONEY (for herself, Mr. POE of Texas, Mr. MORAN, Mr. COSTA, Mr. 

GRIJALVA, Ms. RICHARDSON, Ms. MOORE, Mr. BARTLETT, Mr. DEUTCH, 

Mr. ADERHOLT, Mr. ROONEY, Ms. WASSERMAN SCHULTZ, Mr. 

FITZPATRICK, Mrs. CAPPS, Mr. LATHAM, and Mrs. EMERSON) introduced 

the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend the DNA Analysis Backlog Elimination Act of 

2000 to provide for Debbie Smith grants for auditing 

sexual assault evidence backlogs and to establish a Sexual Assault Forensic Evidence Registry, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sexual Assault Foren5 sic Evidence Registry Act of 2011’’ or the ‘‘SAFER Act 

6 of 2011’’. 


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1 SEC. 2. DEBBIE SMITH GRANTS FOR AUDITING SEXUAL AS2 SAULT EVIDENCE BACKLOGS. 

3 Section 2 of the DNA Analysis Backlog Elimination 

4 Act of 2000 (42 U.S.C. 14135) is amended— 

5 (1) in subsection (a), by adding at the end the 

6 following new paragraph: 

7 ‘‘(6) To conduct an audit consistent with sub8 section (n) of the samples of sexual assault evidence 

9 that are in the possession of the State or unit of 

10 local government and are awaiting testing.’’; 

11 (2) in subsection (c), by adding at the end the 

12 following new paragraph: 

13 ‘‘(4) ALLOCATION OF GRANT AWARDS FOR AU14 DITS.—For each of fiscal years 2012 through 2016, 

15 not less than 7 percent of the grant amounts distrib16 uted under paragraph (1) shall be awarded for pur17 poses described in subsection (a)(6).’’; and 

18 (3) by adding at the end the following new sub19 section: 

20 ‘‘(n) USE OF FUNDS FOR AUDITING SEXUAL AS21 SAULT EVIDENCE BACKLOGS.— 

22 ‘‘(1) ELIGIBILITY.—The Attorney General may 

23 award a grant under this section to a State or unit 

24 of local government for the purpose described in 

25 subsection (a)(6) only if the State or unit of local 

26 government— 


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1 ‘‘(A) submits a plan for performing the 

2 audit of samples described in such subsection; 

3 and 

4 ‘‘(B) includes in such plan a good-faith es5 timate of the number of such samples. 

6 ‘‘(2) GRANT CONDITIONS.—A State or unit of 

7 local government receiving a grant for the purpose 

8 described in subsection (a)(6) shall— 

9 ‘‘(A) not later than 1 year after receiving 

10 such grant— 

11 ‘‘(i) complete the audit referred to in 

12 paragraph (1)(A) in accordance with the 

13 plan submitted under such paragraph; and 

14 ‘‘(ii) for each sample of sexual assault 

15 evidence identified in such audit, subject to 

16 paragraph (4), enter into the Sexual As17 sault Forensic Evidence Registry estab18 lished under section 3 of the SAFER Act 

19 of 2011 the information listed in sub20 section (b)(1) of such section; 

21 ‘‘(B) not later than 14 days after receiving 

22 possession of a sample of sexual assault evi23 dence that was not in the possession of the 

24 State or unit of local government at the time of 

25 such audit, subject to paragraph (4), enter into 


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1 such Registry the information listed in such 

2 subsection with respect to the sample; and 

3 ‘‘(C) not later than 30 days after a change 

4 in the status referred to in subparagraph (E) of 

5 such subsection of a sample with respect to 

6 which the State or unit of local government has 

7 entered information into such Registry, update 

8 such status. 

9 ‘‘(3) EXTENSION OF INITIAL DEADLINE.—The 

10 Attorney General may grant an extension of the 

11 deadline in paragraph (2)(A) to a State or unit of 

12 local government that demonstrates that more time 

13 is required for compliance with such paragraph. 

14 ‘‘(4) SAMPLES EXEMPT FROM REGISTRY RE15 QUIREMENT.—A State or unit of local government is 

16 not required under paragraph (2) to enter into the 

17 Registry described in such paragraph information 

18 with respect to a sample of sexual assault evidence 

19 if— 

20 ‘‘(A) the sample is not considered criminal 

21 evidence (such as a sample collected anony22 mously from a victim who is unwilling to make 

23 a criminal complaint); or 


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1 ‘‘(B) the sample relates to a sexual assault 

2 for which the prosecution of each perpetrator is 

3 barred by a statute of limitations. 

4 ‘‘(5) DEFINITIONS.—In this subsection: 

5 ‘‘(A) AWAITING TESTING.—The term 

6 ‘awaiting testing’ means, with respect to a sam7 ple of sexual assault evidence, that— 

8 ‘‘(i) the sample has been collected and 

9 is in the possession of a State or unit of 

10 local government; 

11 ‘‘(ii) DNA and other appropriate fo12 rensic analyses have not been performed on 

13 such sample; and 

14 ‘‘(iii) the sample is related to a crimi15 nal case or investigation in which final dis16 position has not yet been reached. 

17 ‘‘(B) FINAL DISPOSITION.—The term ‘final 

18 disposition’ means, with respect to a criminal 

19 case or investigation to which a sample of sex20 ual assault evidence relates— 

21 ‘‘(i) the conviction or acquittal of all 

22 suspected perpetrators of the crime in23 volved; 


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1 ‘‘(ii) a determination by the State or 

2 unit of local government in possession of 

3 the sample that the case is unfounded; or 

4 ‘‘(iii) a declaration by the victim of 

5 the crime involved that the act constituting 

6 the basis of the crime was not committed. 

7 ‘‘(C) POSSESSION.—The term ‘possession’, 

8 used with respect to possession of a sample of 

9 sexual assault evidence by a State or unit of 

10 local government, includes possession by an in11 dividual who is acting as an agent of the State 

12 or unit of local government for the collection of 

13 the sample.’’. 

14 SEC. 3. SEXUAL ASSAULT FORENSIC EVIDENCE REGISTRY. 

15 (a) IN GENERAL.—Section 2 of the DNA Analysis 

16 Backlog Elimination Act of 2000 (42 U.S.C. 14135), as 

17 amended by section 2 of this Act, is further amended by 

18 adding at the end the following new subsection: 

19 ‘‘(o) SEXUAL ASSAULT FORENSIC EVIDENCE REG20 ISTRY.— 

21 ‘‘(1) IN GENERAL.—Subject to subsection (j), 

22 not later than 1 year after the date of the enactment 

23 of this Act, the Attorney General shall establish a 

24 Sexual Assault Forensic Evidence Registry (in this 

25 section referred to as the ‘Registry’) that— 


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1 ‘‘(A) allows States and units of local gov2 ernment to enter information into the Registry 

3 about samples of sexual assault evidence that 

4 are in the possession of such States or units of 

5 local government and are awaiting testing; and 

6 ‘‘(B) tracks the testing and processing of 

7 such samples. 

8 ‘‘(2) INFORMATION IN REGISTRY.— 

9 ‘‘(A) IN GENERAL.—A State or unit of 

10 local government that chooses to enter informa11 tion into the Registry about a sample of sexual 

12 assault evidence shall include the following in13 formation: 

14 ‘‘(i) The date of the sexual assault to 

15 which the sample relates. 

16 ‘‘(ii) The city, county, or other appro17 priate locality where the sexual assault oc18 curred. 

19 ‘‘(iii) The date on which the sample 

20 was collected. 

21 ‘‘(iv) The date on which information 

22 about the sample was entered into the 

23 Registry. 

24 ‘‘(v) The status of the progression of 

25 the sample through testing and other 


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1 stages of the evidentiary handling process, 

2 including the identity of the entity in pos3 session of the sample. 

4 ‘‘(vi) The date or dates after which 

5 the State or unit of local government 

6 would be barred by any applicable statutes 

7 of limitations from prosecuting a perpe8 trator of the sexual assault for the sexual 

9 assault. 

10 ‘‘(vii) Such other information as the 

11 Attorney General considers appropriate. 

12 ‘‘(B) PERSONALLY IDENTIFIABLE INFOR13 MATION.—The Attorney General shall ensure 

14 that the Registry does not include personally 

15 identifiable information or details about a sex16 ual assault that might lead to the identification 

17 of the individuals involved, except the informa18 tion listed in subparagraph (A). 

19 ‘‘(3) SAMPLE IDENTIFICATION NUMBER.—A 

20 State or unit of local government that chooses to 

21 enter information about a sample of sexual assault 

22 evidence into the Registry shall assign to the sample 

23 a unique numeric or alphanumeric identifier. In as24 signing the identifier, a State or unit of local govern25 ment may use a case-numbering system used for 


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1 other purposes, but the Attorney General shall en2 sure that the identifier assigned to each sample is 

3 unique with respect to all samples entered by all 

4 States and units of local government. 

5 ‘‘(4) UPDATE OF INFORMATION.—A State or 

6 unit of local government that chooses to enter infor7 mation about a sample of sexual assault evidence 

8 into the Registry shall, not later than 30 days after 

9 a change in the status of the sample referred to in 

10 paragraph (2)(A)(v), update such status. 

11 ‘‘(5) INTERNET ACCESS.—The Attorney Gen12 eral shall make the Registry accessible to the public 

13 on an appropriate Internet website. 

14 ‘‘(6) TECHNICAL ASSISTANCE.—The Attorney 

15 General shall— 

16 ‘‘(A) provide a means by which an entity 

17 that does not have access to the Internet may 

18 enter information into the Registry; and 

19 ‘‘(B) provide the technical assistance nec20 essary to allow States and units of local govern21 ment to participate in the Registry.’’. 

22 (b) FUNDING.—Section 2(j) of the DNA Analysis 

23 Backlog Elimination Act of 2000 (42 U.S.C. 14135(j)) is 

24 amended— 


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1 (1) by inserting ‘‘and for carrying out sub2 section (o)’’ after ‘‘for grants under subsection (a)’’; 

3 and 

4 (2) by adding at the end the following new sen5 tence: ‘‘For each of the fiscal years 2012 through 

6 2016, not less than 1 percent of the amount author7 ized to be appropriated under the previous sentence 

8 for such fiscal year shall be for carrying out sub9 section (o).’’ 

10 SEC. 4. REPORT ON BEST PRACTICES FOR TESTING AND 

11 USE OF DNA EVIDENCE. 

12 (a) IN GENERAL.—Not later than 2 years after the 

13 date of the enactment of this Act, the Attorney General 

14 shall develop and disseminate to law enforcement agencies 

15 and other appropriate entities a report on best practices 

16 for the testing and use of DNA evidence collected as part 

17 of the criminal investigation of sexual assault cases. In 

18 developing the best practices, the Attorney General shall 

19 take into account that sexual assault perpetrators are 

20 often habitual offenders, may commit many acts of sexual 

21 violence against both strangers and victims known to 

22 them, and may commit other violent crimes and crimes 

23 against property. 

24 (b) CONTENT.—The best practices developed under 

25 subsection (a) shall— 


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1 (1) establish the appropriate prioritization of 

2 testing of samples of sexual assault evidence, includ3 ing samples related to— 

4 (A) cases in which a suspect has been 

5 identified and cases in which a suspect has not 

6 been identified; and 

7 (B) cases in which the assault was com8 mitted by a stranger and cases in which the as9 sault was committed by someone known to the 

10 victim; 

11 (2) describe the protocols for appropriately han12 dling and storing samples of sexual assault evidence; 

13 (3) describe the evidentiary value of and make 

14 recommendations pertaining to testing all samples of 

15 sexual assault evidence, including samples related 

16 to— 

17 (A) cases in which a suspect has been 

18 identified and cases in which a suspect has not 

19 been identified; 

20 (B) cases in which the assault was com21 mitted by a stranger and cases in which the as22 sault was committed by someone known to the 

23 victim; 


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1 (C) cases in which prosecution of a perpe2 trator is barred by an applicable statute of limi3 tations; and 

4 (D) cases in which forensic evidence has 

5 been collected from a victim who, pursuant to 

6 section 2010(d)(1) of the Omnibus Crime Con7 trol and Safe Streets Act of 1968 (42 U.S.C. 

8 3796gg–4(d)(1)), chooses not to participate in 

9 the criminal justice system or cooperate with 

10 law enforcement; and 

11 (4) make recommendations with respect to noti12 fying a victim that the sample of sexual assault evi13 dence of the victim has been tested, including vic14 tims in cases— 

15 (A) that are actively being investigated (in16 cluding cases being actively investigated after a 

17 period of dormancy); and 

18 (B) in which prosecution of a perpetrator 

19 is barred by an applicable statute of limitations. 

20 (c) SENSE OF CONGRESS.—It is the sense of Con21 gress that law enforcement agencies and other appropriate 

22 entities should use the best practices developed and dis23 seminated under subsection (a) to develop, evaluate, and 

24 improve DNA evidence protocols. 


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1 SEC. 5. REPORTS TO CONGRESS. 

2 Not later than 90 days after the end of each fiscal 

3 year for which a grant is made for the purpose described 

4 in section 2(a)(6) of the DNA Analysis Backlog Elimi5 nation Act of 2000, as added by section 2(1) of this Act, 

6 the Attorney General shall submit to Congress a report 

7 that— 

8 (1) lists the States and units of local govern9 ment that have been awarded such grants and the 

10 amount of the grant received by each such State or 

11 unit of local government; 

12 (2) states the number of extensions granted by 

13 the Attorney General under section 2(n)(3) of such 

14 Act, as added by section 2(2) of this Act; and 

15 (3) summarizes the processing status of the 

16 samples of sexual assault evidence on which informa17 tion has been entered into the Sexual Assault Foren18 sic Evidence Registry established under section 2(o) 

19 of the DNA Analysis Backlog Act of 2000, as added 

20 by section 3 of this Act, including the number of 

21 samples that have not been tested. 

Æ 


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